skip to main content

Housing minister faces multiple battles over new rent rules

The Cabinet gave the green light this week to legislation that radically alters the market for tenants and landlords.

Expect to hear a lot about the changes over the coming weeks.

The law will have to make its passage through the Oireachtas - a noisy and confrontational process is expected.

Minister for Housing James Browne has been upfront that the new legislation is designed to attract investment to help alleviate the housing crisis.

But it is likely to result in a surge in rents for new leases.

Importantly, the legislation does not change anything for existing tenants and landlords. But many property owners are worried about it.

Between July and September last, there was a 35% increase in landlords leaving the market.

The Department of Housing wrote to property owners last month to reassure about the changes.

The department's letter said the "ending of existing tenancies will not impacted by the changes".

"There are no changes to your tenant's rights or responsibilities when ending an existing tenancy," it added.

It means that if existing landlords want to end a tenancy because they intend to sell the property, they can still do so if they follow the correct procedures.

The new rules only come into force if somebody leaves a property after 1 March this year and the property is let to a new tenant.

The final legislation has yet to be approved. Consequently, there is still time to make amendments.

According to the Department of Housing, new leases after 1 March will be subject to a minimum duration of six years.

Minister for Housing James Browne (Pic: RollingNews.ie)

This will give the tenants more certainty, according to the Government.

The department says: "Landlords will only be able to end the tenancy in specific situations, such as the tenant is not meeting their obligations, or the property no longer suits the tenant's needs."

Smaller landlords (defined as having three or fewer tenancies) will also be allowed to terminate during the six-year term if they encounter the following: "Financial or other hardship requiring sale of the property" or if "the landlord or a close family member needs to live in the property".

But the big development is that after 1 March landlords will be able to reset the rent to market prices for new leases - if a tenant moves out.

This is a significant step.

Many properties have been covered by relatively restrictive caps which have limited rent increases to 2% per annum over recent years even if there is a change in tenants.

It means those houses or apartments have been let at prices far below what could have been obtained on the open market and shielded many tenants from prices rises.

Mr Browne says the change is "viewed as critical to retain existing landlords and to attract new investment".

"Doing nothing is simply not an option," he adds.

The idea is that by attracting new investment, more housing supply will follow. Its lack has been the main reason for homelessness, rising rents and accelerating house prices.

Economically, it may make sense in theory.

But it is a tough political choice because the benefits, if indeed they happen, will be some years away and in the meantime costs for new tenants will rise.

The initiative is likely to be enormously divisive because new tenants will take the pain to help fix the crisis.

Sinn Féin's Spokesperson on Housing Eoin Ó Broin says: "Given that the average length of a tenancy is three and a half years and 25% of tenancies registered annually are new tenancies, then within four to six years the vast majority of renters will be captured by this new rule and will be paying market rents."

The rent reset rule means "unaffordable rents will be hiked even further," he predicts, pledging that the legislation "will be opposed tooth and nail".

But it is not just opposition parties who are unhappy. Landlords are too.

The Irish Property Owners Association, which represents many smaller players, has called for the introduction of the legislation to be delayed.

IPOA member Maurice Deverell says a big problem is that many small landlords have four tenancies in one house and will now be categoriesed as large players and therefore subject to tighter eviction rules.

He says because existing tenants will continue to benefit from the 2% rent cap a renter "would need a really good reason to move".

Larger property owners are also making threatening noises.

Big developers have written to Minister Browne demanding a meeting and have suggested their property rights may be infringed.

They argue the ban on no-fault evictions by large landlords would represent an unjust attack on the property rights of those with four tenancies or more.

It is clear the Government will need a legally robust argument for treating smaller landlords differently from larger ones.

Time is tight.

The minister wants to introduce the changes by 1 March.

The legislation has not gone through Oireachtas and is being opposed on many fronts with the potential for legal challenges.

This is going to be a huge battleground over the coming weeks.